Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyLJN NewslettersNewsSections

Defending Against Post-Sale Warning Claims

By Kenneth R. Meyer and Brian P. Sharkey

An unusual twist in the typical product liability case can occur when a plaintiff asserts a post-sale warning claim. (In this article, “product” does not refer to consumer products that are subject to the jurisdiction of the U.S. Consumer Product Safety Commission.) Because a post-sale warning claim is not frequently encountered, such a claim can cause confusion, especially with respect to the relation between the post-sale warning claim and the other claims that a plaintiff is asserting.

The following hypothetical helps to highlight a few of the problems that can arise when a plaintiff asserts a post-sale warning claim. The plaintiff is injured by a product in the workplace and sues the manufacturer of the product, alleging design defect, manufacturing defect, and warning defect claims. As to the warning claims, the plaintiff asserts that the product was defective because it did not contain an adequate warning when it was initially placed into the stream of commerce, and also contends that the manufacturer is liable because it should have issued a post-sale warning. All of those claims, with the exception of the post-sale warning claim, focus on facts, and hence evidence, that transpired prior to the manufacturer's placing the product into the stream of commerce.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.